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Grounding Deferential Review in California
Seyfarth Shaw LLP Link to more items from this source
May 16, 2017
"[A] number of states have passed insurance regulations barring discretionary clauses in disability insurance policies ... A question that has dogged these regulations is the extent to which they are preempted by ERISA.... The Ninth Circuit [recently] held that a state discretionary ban is not preempted by ERISA and properly extends to employer-drafted plans as long as the plan provides for insured benefits." [Orzechowski v. Boeing Co. Non-Union Long Term Disab. Plan, No. 14-55919 (9th Cir. May 11, 2017)]

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